Requiring inclusion of the English language proficiency standard in job orders and labor certification applications aims to address critical issues.
WASHINGTON – The U.S. Department of Labor’s Office of Foreign Labor Certification today issued sub-regulatory guidance in the form of frequently asked questions to clarify the information employers are required to provide when seeking foreign workers who will be engaged in the operation of a commercial motor vehicle.
Specifically, the FAQs now clarify that all job orders and applications for temporary or permanent labor certification for positions requiring foreign workers to operate a commercial motor vehicle must include an English language proficiency standard consistent with established federal requirements.
Requiring inclusion of the English language proficiency standard in job orders and labor certification applications aims to address two critical issues. First, the department says it is committed to ensuring the safety of both commercial motor vehicle operators and American drivers. Second, the guidance is intended to advance two White House executive orders: Enforcing Commonsense Rules of the Road for America’s Truck Drivers and Designating English as the Official Language of the United States.
“Holding employers to existing English language proficiency requirements is critical to keeping Americans safe on our roads,” said Acting Labor Secretary Keith Sonderling. “At President Trump’s direction, the Department of Labor is doing our part to ensure that foreign workers possess necessary English language skills to safely operate commercial motor vehicles.”
Under current regulations, the U.S. Department of Transportation’s Federal Motor Carrier Safety Administration prohibits individuals, including foreign nationals, from operating a commercial motor vehicle unless they possess the necessary qualifications, including the ability to read and speak English sufficiently to understand traffic signs, communicate with the general public, respond to official inquiries, and make entries in reports and other records.
While the Federal Motor Carrier Safety Administration is primarily responsible for enforcement, the Department of Labor’s Office of Foreign Labor Certification also ensures employers include required skills, qualifications, and certifications for job opportunities involving commercial motor vehicle operation, including English language proficiency.
The department noted that a significant portion of employers already comply with the federal requirement, but said the updated guidance is intended to ensure consistency among employers seeking to hire foreign workers as commercial motor vehicle operators.
“As part of our responsibility to review job orders and labor certification applications for compliance with federal law, the Department of Labor ensures required qualifications — such as the English language proficiency standard — are clearly stated in employer filings,” said Brian Kennedy, director of the Office of Immigration Policy within the Office of Foreign Labor Certification. “This helps promote safety for everyone through regulatory compliance while ensuring clarity and consistency for workers, employers, and federal partners.”
If employers fail to include the required English language proficiency standard, the Department of Labor said it will issue a “Notice of Deficiency” and pause processing of the labor certification application until the employer corrects the filing, as outlined in the FAQs.
Screening and testing for English language proficiency remains the responsibility of the Federal Motor Carrier Safety Administration and, for foreign workers seeking visas, the U.S. Department of State, which conducts its own proficiency assessments during visa interviews.
Implementation of the FAQs will be delayed for 30 days following publication on May 14, 2026, to allow employers and other regulated entities time to review the guidance. The changes will apply prospectively to filings submitted afterward.
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